The administration announced expansion of the controversial travel ban to include six more countries, following an almost year-long review by the Department of Homeland Security (“DHS”).  Restrictions on entering the United States will apply to certain travelers and migrants from Nigeria, Africa’s most populous country, as well as Eritrea, Kyrgyzstan, Myanmar, Sudan, and Tanzania, , according to a senior Department of Homeland Security official.  The ban is expected to go into effect in 21 days.

The updated policy would not completely ban all citizens of those countries from coming to the United States, but instead would limit access to certain kinds of visas. Unlike the original travel ban in early 2017, most of the countries added do not have Muslim-majority populations.

Under the proposed ban, most immigrant visas (for those who seek to live in the United States permanently) will be suspended for Eritrea, Kyrgyzstan, Myanmar, and Nigeria. Access to the diversity lottery program that grants visas to prospective immigrants randomly each year will be limited for Sudan and Tanzania.

Reports indicate that travelers en route to the United States will not be denied entry, and those who already have visas or permanent residency (“green cards”) will not be impacted by the new restrictions. Refugees, students, and temporary workers with nonimmigrant visas also will still be able to travel to the United States after the restrictions go into place.

This travel ban stems from a series of executive actions enacted by President Trump since 2017.  Travel Ban 1.0, Executive Order 13769, placed stringent restrictions on travel to the United States for citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  Following legal challenges, Travel Ban 2.0, Executive Order 13780, amended certain provisions of the first order, and removed Iraq from the list. Travel Ban 3.0, issued via Presidential Proclamation 9645 on September 24, 2017, added restrictions on Chad, North Korea, and Venezuela, and removed Sudan.

Mayer Brown’s coverage of developments regarding the travel ban may be found on our website.

“At times it felt like we would never cross the Brexit finish line, but we’ve done it.” – Prime Minister Boris Johnson.

The dramatic June 2016 referendum in which 51.9% voted to leave initiated a long and arduous journey with multiple elections, extensions, and cliff-hangers. Tomorrow, on 31 January 2020 at 11 p.m. GMT, the Brexit “finish line” will be crossed, concluding the process that was triggered when, in March 2017, the UK government invoked Article 50 and initiated the withdrawal procedure. Britain’s Parliament has now ratified a Withdrawal Agreement  with the EU via the European Union (Withdrawal Agreement) Act 2020. The European Parliament, in turn, voted to approve the agreement yesterday. This means that all of the formal ratification procedures have now been completed.

But even with the divorce agreed, the UK and EU still face negotiation of the terms of their future relationship. A transition (implementation) phase will occur in the interim, lasting until 31 December 2020 (or longer, if the government exercises its one-time right in July 2020 to extend the transition for two years). Negotiations during the transition need to cover an enormous range of issues, including trade, customs, and regulatory alignment (or nonalignment). This includes a new legal framework for immigration control after January 2021, when the transition period is set to end. Continue Reading Across the Brexit Finish Line – And Now What?

Brexit concept. Puzzle with EU European Union flag without Grea

After almost a decade of coalition and minority governments in the United Kingdom (“UK”), Prime Minister Boris Johnson won an 80-seat majority in the December 2019 General Election with the simple slogan: “Get Brexit Done.” This mandate meant that, after years of wrangling and tortuous procedural battles in Parliament, the Withdrawal Agreement Bill was passed and, on 23 January 2020, received Royal Assent to become law as the European Union (Withdrawal Agreement) Act 2020.  Just over three and a half years since the referendum, this means that the UK will formally leave the EU on 31 January 2020. But what happens next with respect to free movement?

Continue Reading European Union (Withdrawal Agreement) Act 2020 To Usher In Brexit on 31 January 2020

Three days before the UK was due to exit the bloc, ambassadors from the other 27 countries of the EU agreed to delay Brexit for up to three months.  The agreement by the EU, made in Brussels on October 28, 2019, allows the UK to leave earlier if it and the EU both ratify the withdrawal deal that Prime Minister Johnson negotiated with the EU earlier this month (the “Withdrawal Agreement”).  European Council President Donald Tusk announced the decision on Twitter, stating that “The EU 27 has agreed to accept the UK’s request for a #Brexit flextension until 31 January 2020.”  The decision requires formal written procedures from the UK and the EU27, which are expected to be completed imminently.

Continue Reading EU Grants the UK an Extension of Brexit Until January 31, 2020

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Members of Parliament narrowly passed an amendment during an emergency session on Saturday, October 19, 2019, to postpone the decision on whether to vote “yes” or “no” to Prime Minister Boris Johnson’s Brexit deal.  Parliament said it needed more time to review the deal, which Prime Minister Johnson concluded last week with European leaders.  The primary aim of the amendment is to ensure the UK cannot leave the EU on October 31, 2019, the current Brexit date, without enacting detailed legislation governing the UK’s withdrawal from the EU.

Saturday’s vote effectively required the Prime Minister to request a third extension of the withdrawal date, which would postpone Brexit until January 31, 2020.  Prime Minister Johnson, who had vowed never to seek an extension, sent an unsigned letter to the EU asking for the required three-month extension.  But he also sent a signed letter to European Council President Donald Tusk urging EU leaders to turn down the extension request, and has stated he will bring his proposal back before Parliament on Monday, October 21, 2019.

Continue Reading UK Parliament Passes Amendment to Postpone Brexit Vote in Emergency Session on Saturday, October 19, 2019

Brexit concept. Puzzle with EU European Union flag without Grea

Draft Deal Does Not Change Previously Announced Scheme for Citizens’ Rights or Movement of People

Yesterday, negotiators from the United Kingdom and the European Union agreed to a draft Brexit deal. The proposed withdrawal agreement would replace the one negotiated by former Prime Minister Theresa May. The new agreement addresses the timetable for a transition period; ongoing rights for citizens of the EU, the “EEA” (Iceland, Liechtenstein, and Norway, collectively), and Switzerland who live in the UK; and the amount of money the UK has to pay the EU. To take effect, the deal will need to be ratified by UK and EU Parliaments, in that order. The deal will be voted on in the UK Parliament when it sits on Saturday, October 19, 2019. This update provides further detail.

 

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The prospect of extending the deadline for the UK’s withdrawal from the European Union past 31 October 2019, the Brexit date, remains uncertain. UK employers accordingly do not know whether they will have to address the consequences of withdrawal imminently. But right now they can take five key steps to protect their workforce—smart measures regardless of whether 31 October arrives with “no deal.” This article details those steps.

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On August 12, 2019, US Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS), published an advance copy of the final rule on inadmissibility on public charge grounds.  The final rule will be effective 60 days after the date of publication in the Federal Register. According to the notice, applications and petitions already pending with USCIS on the effective date of the rule will not be subject to the new rule.  The final rule will be published in the Federal Register on August 14, 2019.  This Legal Update provides background on and details of the rule and notes its potential impact and likely response to the rule.  Continue reading here.

On Thursday, August 8, 2019, the US Department of Justice (DOJ) announced that it will hold a public workshop on September 23 to discuss “the role of antitrust enforcement in labor markets and promoting robust competition for the American worker.”  This workshop marks another step in the government’s ongoing efforts to address what it sees as competition concerns in practices affecting employee recruiting, hiring, and compensation.  This Legal Update summarizes other actions that the DOJ Antitrust Division and state governments have taken in this area and discusses what the workshop should reveal and which legal issues will remain after the workshop concludes.  Continue reading here.

On July 24, 2019, Boris Johnson became Prime Minister of the Kingdom.  Mr. Johnson has said that if a withdrawal agreement is not concluded between the UK and the European Union (“EU”) by October 31, 2019, the UK will leave the EU without a deal.  Mayer Brown’s Chris Chapman, partner in the Litigation & Dispute Resolution practice in London, provides an update on the current Brexit situation, following the election of Boris Johnson.  He also discusses how a no-deal Brexit may affect financial services, customs and tariffs, and the Irish border.  Read the article here.